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David Myers ’07 (Rockville Centre, N.Y.) and Matt Soper ’07 (Glastonbury, Conn.) spent the year on opposite sides of the same issue. Both seniors undertook honors research examining the dispute about whether the George W. Bush Administration’s electronic eavesdropping was legal and constitutional.
Myers approached the topic from a civil liberties point-of-view, exploring whether an individual’s right of privacy should serve as a limit to the electronic eavesdropping program. Through a comprehensive critique of the program, Myers formulated a recommendation for a new federal law which would both limit the program and still allow it to exist.
“I have moved my thesis in a slightly different direction than I had intended,” explains Myers, a government & law and history double major. “I went from merely bolstering probable cause requirements that protect the civil liberties of American citizens from governmental intrusion to actually creating a new standard of probable cause for use in terrorism cases that both protect the innocent American citizens from intrusion and aid law enforcement in capturing actual terrorists.”
Soper argued that based largely on political and legal theory, as well as a series of Supreme Court cases, the President does have and should have the power to perform such searches during times of crises on the basis of emergency powers.
“I have always found myself intrigued by the dynamic between presidential power and foreign affairs,” says Soper, a government and law major. “The emergence of terrorism on the international scene provokes unique questions about presidential power. In choosing this topic, I was able to pursue my interest with a question extremely relevant to modern society.”
Myers and Soper worked with ideas found in the writings of John Yoo, who helped create the current Bush Administration; David Cole, a law professor at Georgetown University; Jack Balkain, law professor; and Richard Posner, a federal court of appeals judge on the seventh circuit in Chicago.
“What I really liked about this was both David and Matt had taken this as a foundation and gone off in their own directions,” says Bruce Murphy, Fred Morgan Kirby Professor of Civil Rights, who served as a mentor for both students. “I believe that both students ended up with much better projects as a result of both of them undertaking the research. I felt like a diplomat between them and suggested ideas to each of them based on the other’s project.”
Working opposite of Myers gave Soper powerful insight into the world of politics and research.
“It was interesting to take a stance opposite of Dave, as it constantly reminded me that there are never easy answers to questions of constitutional power,” he says.
While they remained opposites during their theses, there is one thing Myers and Soper agree on.
“I’m very grateful for the guidance and enthusiasm I’ve received from Professor Murphy,” says Myers.
“Throughout the process, Professor Murphy had consistently helped facilitate my process,” adds Soper. “He never simply accepted an answer at face value, always pushing for the reasons behind the answer and making sure all dimensions of an issue had been properly considered.”
According to Murphy, both Myers and Soper are students to take note of.
“Matt’s ability to juggle his time and complete his tasks between class work, researching and writing a thesis, and hockey is absolutely inspirational,” says Murphy. “David’s capacity for work and his ability to meet deadlines in the face of a very challenging mock trial season presents to me a clear picture of what a student is capable of accomplishing.”
‘Pursuing an honors thesis has been an overall excellent and rewarding experience, and I have found nothing but support among the ranks of the faculty,” says Myers, who plans to attending law school in the fall.
Soper also plans to attend law school in the fall, and believes writing his thesis was a beneficial and positive experience.
“While it was never a simple task, I have found that relying on my own direction and pursuing the question from my unique standpoint will inevitably prove invaluable later in life,” he says.
Soper served on the government and law department’s American government faculty search committee and was a member of the ice hockey team.
Myers is a McKelvy Scholar and peer tutor. He also is a member of the mock trial team and College Democrats. He plays the saxophone in Jazz Ensemble.
Honors theses are among several major programs that have made Lafayette a national leader in undergraduate research. The College sends one of the largest contingents to the National Conference on Undergraduate Research each year; 21 students were accepted to present their research at this year’s conference.